Tate v Duncan-Strelec [2015] NSWSC 190

Tate v Duncan-Strelec [2015] NSWSC 190

The contemptuous online publications were serious, but having regard to the contemnor's previous good character, years of public service, family commitment, the devastation she felt from the earlier litigation, lack of professional guidance, stated wish for the matter to be over, and serious health issues, the appropriate sentence was an order to be of good behaviour for 12 months with release on her own recognisance and liability to be called up for sentence if she breached the order.

Jurisdiction
Australia
Judgment Date
10 March 2015
Procedural Posture
Contempt Sentencing / Sentence After Convictions for Contempt of Court
Outcome
Ordered to be of good behaviour for 12 months; released on own recognisance.
Legal Topics
['sentencing for Contempt' 'online Publications' 'good Behaviour Order' 'recognisance']
['contempt of Court'] ['sentencing for Contempt' 'online Publications' 'good Behaviour Order' 'recognisance']

Case Brief

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Procedural Posture

Contempt Sentencing / Sentence After Convictions for Contempt of Court

Legal Issues

  1. 1 ["What orders should be made consequent upon the defendant's convictions for contempt of Court on Charges 1, 2, 3, 5 and 6." 'How the Court should weigh the seriousness of the contemptuous publications against mitigating circumstances including previous good character, public service, lack of professional guidance, family commitments and health issues.']

Ratio Decidendi

The contemptuous online publications were serious, but having regard to the contemnor's previous good character, years of public service, family commitment, the devastation she felt from the earlier litigation, lack of professional guidance, stated wish for the matter to be over, and serious health issues, the appropriate sentence was an order to be of good behaviour for 12 months with release on her own recognisance and liability to be called up for sentence if she breached the order.

Court Disposition

Ordered to be of good behaviour for 12 months; released on own recognisance.

Orders

  • ['Amanda Duncan-Strelec is ordered to be of good behaviour for a period of 12 months.' 'Amanda Duncan-Strelec is released on her own recognisance.' 'If at any time Amanda Duncan-Strelec is in breach of this Order she may be called up for sentence.']